Objection
, an objection is a formal protest raised in during a to disallow a 's or other in violation of the or other procedural law.}} An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The then makes a ruling on whether the objection is "sustained" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "overruled" (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there is an answer to the question. Objections in general that ruling.}} Under certain circumstances, a court may need to hold some kind of pretrial hearing and make evidentiary rulings to resolve important issues like , or whether to impose sanctions for extreme misconduct by parties or counsel. As with trials, a party or their counsel normally raises objections to evidence presented at the hearing in order to ask the court to disregard impermissible evidence or argument, as well as to preserve such objections as a basis for interlocutory or final appeals from such rulings. Objections are also commonly used in s during the process to preserve the right to exclude testimony from being considered as evidence in support of or in opposition to a later motion, such as a motion for . Exceptions Historically, at trial, an attorney had to promptly take an exception (by saying "I except" followed by a reason) immediately after an objection was overruled in order to preserve it for appeal, or else the objection was permanently waived. In addition, at the end of the trial, the attorney had to submit a written "bill of exceptions" that listed all exceptions he intended to appeal on—which the judge then signed and sealed, making it part of the trial record. Eventually, most lawyers and judges came to recognize that exceptions were a waste of time because the objection itself and the context of the surrounding record are all the appellate court really needs to resolve the point in dispute. Starting in the 1930s, exceptions were abolished in the and in many as well. For example, technically did not abolish exceptions, but merely rendered them superfluous by simply treating just about every ruling of the trial court as automatically excepted to. Thus, Continuing objection A continuing objection is an objection an attorney makes to a series of questions about a related point. A continuing objection may be made, in the of the court, to preserve an issue for appeal without distracting the (whether jury or judge) with an objection to every question. A continuing objection is made where the objection itself is overruled, but the trial judge permits a silent continuing objection to that point so that there are fewer interruptions. An example of this is when a lawyer could be held negligent for not objecting to a particular line of questioning, yet has had previous objections overruled. List of objections * Ambiguous, confusing, misleading, vague, unintelligible: the question is not clear and precise enough for the witness to properly answer. * Arguing the law: counsel is instructing the jury on the law. * : the question makes an argument rather than asking a question. * Asked and answered: when the same attorney continues to ask the same question and they have already received an answer. Usually seen after , but not always. * Asking a question unrelated to an intelligent exercise of a or challenge for cause: if opposing counsel asks such a question during (i.e. the jury selection process). * Asks the jury to prejudge the evidence: the jury cannot promise to vote a certain way, even if certain facts are proved. * Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown. * Badgering: counsel is antagonizing the witness to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness. * : requires that the original source of evidence is required, if available; for example, rather than asking a witness about the contents of a document, the actual document should be entered into evidence. A full original document should be introduced into evidence instead of a copy, but judges often allow copies if there is no dispute about authenticity. Some documents are exempt from rules of evidence. * Beyond the scope: A question asked during cross-examination must be within the scope of direct, and so on. * Calls for a : the question asks for an opinion rather than facts. * Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts. * : multiple questions asked together. * Counsel is testifying: this objection is sometimes used when counsel is "leading" or "argumentative" or "assumes facts not in evidence". * : the witness does not know the answer personally but heard it from another. However, there are several exceptions to the rule against in most legal systems. * Incompetent: the witness is not qualified to answer the question. * Inflammatory: the question is intended to cause . * or : the question is not about the issues in the trial. * (direct examination only): the question suggests the answer to the witness. Leading questions are permitted if the attorney conducting the examination has received permission to treat the witness as a . Leading questions are also permitted on cross-examination, as witnesses called by the opposing party are presumed hostile. * Misstates evidence / misquotes witness / improper characterization of evidence: this objection is often overruled, but can be used to signal a problem to witness, judge and jury. * Narrative: the question asks the witness to relate a story rather than state specific facts. This objection is not always proper even when a question invites a narrative response, as narrative testimony may be required or preferred due to the circumstances of the case. * : the witness may be protected by law from answering the question. A few of the foregoing objections may also apply to the witness's response, particularly hearsay, privilege, and relevance. * or evidence: requires that the original source of evidence is required, if available. However, some documents are under Rule 902, such as (1) domestic public documents under seal, (2) domestic public documents not under seal, but bearing a signature of a public officer, (3) foreign public documents, (4) certified copies of public records, (5) official publications, (6) newspapers and periodicals, (7) trade inscriptions and the like, (8) acknowledged documents (i.e., by a notary public), (9) commercial paper and related documents, (10) presumptions under Acts of Congress, (11) certified domestic records of regularly conducted activity, (12) certified foreign records of regularly conducted activity. * : the evidence was obtained illegally, or the investigative methods leading to its discovery were illegal. Can be circumvented; see * Incomplete: opposing party only introducing part of the writing (conversation/act/declaration), taken out of context. Under the evidence rule providing for completeness, other parties can move to introduce additional parts. If any documents are presented for review, the judge and other party are entitled to a complete copy, not a partial copy, of the document. When a witness is presented with a surprise document, he should be able to take time to study it before he can answer any questions. * : the evidence lacks testimony as to its authenticity or source. * More prejudicial than probative: Under Federal Rule of Evidence 403, a judge has the discretion to exclude evidence if "its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury." * Narrative: the witness is relating a story in response to a question that does not call for one. Not all witnesses' answers are susceptible to this objection, as questions can and often do call for a narrative response, especially on direct examination. * Non-responsive: the witness's response constitutes an answer to a question other than the one that was asked, or no answer at all. * Nothing pending: the witness continues to speak on matters irrelevant to the question. Example: "Did your mother call?" "Yeah. She called at 3:00." Opposing counsel can object to the latter part of this statement, since it answers a question that was not asked. With some concern for annoying the court, counsels selectively use this to prevent a witness from getting into self-serving answers. References Category:Know your rights